* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.04.2023 Date of decision: 09.05.2023 + CS(OS) 705/2022 RANJAN DHINGRA ..... Plaintiff Through: Mr.S.K.Dubey, Sr. Adv. with Ms.Niharika Dubey, Mr.Venus Anand, Advs.

versus ROTARY INTERNATIONAL & ORS. ..... Defendants Through: Mr.J.P.Sengh, Sr. Adv. with Mr.R.L.Sinha, Mr.Siddharth Dutta, Advs. for D-1.

Mr.Dayan Krishnan, Sr. Adv. with Mr.Rishi Agrawala, Mr.Pranjit Bhattacharya, Mr.Shravan Niranjan, Advs. for D-2.

JUDGMENT

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA I.A.18736/2022

1. This application has been filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the „CPC‟) praying for the following reliefs:

“a) pass an ad-interim ex-parte order/direction restraining the Defendant nos. 1 & 2 from dealing with the affairs of the RI directors zone-4 (2023-25);

b) pass an ad-interim ex-parte direction, directing Defendant No.1 not to permit the Defendant No.2 for using the designation of Signature Not Verified elected RI Director, Zone - 4 (2023-25), during the pendency of the present suit.

c) pass an ad-interim ex-parte injunction restraining the Defendant No.1 from permitting the Defendant No.2 in participating various programs of training etc. or in any manner in the capacity of elected RI Director for Zone-4 (2023-25), during the pendency of the present suit.”

I. Case of the Plaintiff:

2. The plaintiff has filed the present suit challenging the Election Result dated 04.03.2022 for the post of RI Director, Zone-4 (2023-25) of the defendant no. 1, declaring the defendant no.2 to be the Director for Zone-4. The plaintiff further challenges the Rotary International (in short „RI‟) Board Decision dated 17.08.2022, communicated to the plaintiff vide email dated 20.08.2022, rejecting the challenge of the plaintiff and the defendant no.3 to the said Election.

3. It is the case of the plaintiff that the defendant no.1, through its Director, vide email dated 01.07.2021, informed that the Nominating Committee for Zone-4 will meet on 02.10.2021 to nominate the next RI Director for the Zone-4 who would serve on the RI Board for the period from 2023-2025. It was further stated that the intending Clubs may submit a qualified Rotarian for consideration of the Nominating Committee for Director in the said Zone not later than 01.09.2021. The defendant no.3 submitted the name of the plaintiff for selection as the RI Director for Zone-4, to serve from 2023-2025. The Nominating Committee selected the plaintiff as the RI Director for Zone-4.

4. Vide an email dated 12.10.2021, and in terms of RI Bylaws 11.020.19, the District Governor and the Club Presidents in the Zone- 4 were informed of the decision of the Nominating Committee and were further informed that unless another qualified Rotarian has been Signature Not Verified duly proposed as a challenging candidate before 1^st December, 2021, the plaintiff shall be declared as the Director-nominee for Zone-4. The email further stated that if a valid challenge is received, the Secretariat will prepare and distribute the electronic ballot by 31^st December, 2021, listing the choice of Zone‟s Nominating Committee and any challenging candidate who was endorsed by a majority of the Clubs in the district.

5. Vide a subsequent email dated 07.12.2021, all Club Presidents in the Zone-4 were informed that the RI General Secretary has received a challenge to the Director-nominee selected by the Zone 4 Director Nominating Committee, that is, the plaintiff herein, and as a result thereof, there will be a voting amongst Clubs to choose the Director-nominee. The voting was to be conducted electronically, and the various Clubs had to cast their votes electronically between

29.12.2021 to 01.03.2022.

6. The voting accordingly took place, and on 04.03.2022, the result of the final round of voting was announced, as under: